Michael T. Shane - Page 8

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          published opinion 702 F.2d 1205 (D.C. Cir. 1983).  Respondent's             
          determination is presumptively correct, and petitioner bears the            
          burden of proving his profit objective.  Rule 142(a).  Petitioner           
          need not, however, establish that his profit objective was                  
          reasonable.  Dreicer v. Commissioner, supra at 644-645; sec.                
          1.183-2(a), Income Tax Regs.  Profit in this context means                  
          economic profit, independent of tax consequences.  Antonides v.             
          Commissioner, 91 T.C. 686, 694 (1988), affd. 893 F.2d 656 (4th              
          Cir. 1990).  The determination of profit objective is factually             
          based and requires a consideration of all the surrounding facts             
          and circumstances.  Finoli v. Commissioner, 86 T.C. 697, 722                
          (1986); sec. 1.183-2(b), Income Tax Regs.                                   
               Although the purpose of the inquiry is to ascertain the                
          taxpayer's subjective intent, greater weight is placed on                   
          objective factors than on the taxpayer's statement of his or her            
          intent.  Beck v. Commissioner, 85 T.C. 557, 570 (1985); sec.                
          1.183-2, Income Tax Regs.  In conducting the profit-objective               
          analysis, courts have relied on the factors enumerated in the               
          regulations under section 183.  See Hendricks v. Commissioner, 32           
          F.3d 94 (4th Cir. 1994), affg. T.C. Memo. 1993-396; Independent             
          Elec. Supply, Inc. v. Commissioner, 781 F.2d 724 (9th Cir. 1986),           
          affg. Lahr v. Commissioner, T.C. Memo. 1984-472; Elliott v.                 
          Commissioner, 90 T.C. 960 (1988), affd. without published opinion           
          899 F.2d 18 (9th Cir. 1990).  However, no single factor is                  
          determinative of the issue.  Golanty v. Commissioner, 72 T.C. 411           




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